LEGISLATIVE FRONT LINES

STATE UPDATE

Arizona Emissions Inspections: In 2011, Arizona enacted a law to exempt all vehicles manufactured in 1974 and earlier from the state’s mandatory emissions inspection program. However, regulators must first update the state’s air quality plan and demonstrate that the exemption will not impact the state’s compliance with clean air requirements. The updated plan must then be approved by the U.S. Environmental Protection Agency (EPA). The state indicated that it intends to submit a revised air-quality plan to the EPA in 2015. The EPA will then have another 18 months to approve or reject the changes. In the meantime, the current exemptions for pre-’67 vehicles and “collectibles” remain in effect.

Arkansas Miles Traveled Tax: Legislation to allow the state to implement a pilot program that charged drivers based on vehicle miles traveled was withdrawn by the bill’s sponsor after a public outcry by the SAN in Arkansas. Under the measure, participants in the program would have been taxed 1.5 cents per each mile the subject vehicle traveled on state roadways.

Connecticut Warranty: Legislation to require new-car dealers to provide purchasers a written statement declaring it is illegal for manufacturers or dealers to void a warranty or deny coverage because aftermarket or recycled parts were installed or because someone other than the dealer performed service was signed into law by Governor Dannel Malloy. Consumers are generally unaware of their rights under the law and many absorb the costs for repairs that were properly covered under the warranty. This new SAN-supported law will inform consumers of these basic rights.

Florida Miles Traveled Tax: Legislation to establish a pilot program to study the feasibility of implementing a system that charges drivers based on vehicle miles traveled died when the legislature adjourned for the year. The bill would have allowed the state to spend up to $400,000 for the study and pilot program design and implement the program in 2017.

Georgia Headlights: A bill to require motor-vehicle headlights to emit only “white light” was not considered in committee before the legislature adjourned for the year. SAN is working with the bill sponsor to amend any future legislation to conform to the federal lighting standard, to which all headlamps are required to comply. Under that standard, it is possible to design a headlamp that emits a light that is perceived as having a blue tint but which nevertheless remains within the boundaries that define “white.”

Hawaii Ethanol: SAN-supported legislation to repeal the requirement that gasoline offered for sale in Hawaii contain a percentage of ethanol was signed into law by Governor David Ige. The new law becomes effective on December 31, 2015.

Hawaii Exhaust Systems: A bill that sought to prohibit the use, sale or installation of an exhaust system “that has been changed or modified from the factory design so as to increase the volume or audibility of the explosions within the vehicle’s motor” died when the legislature adjourned. Fines for noncompliance would have ranged from $100 to $500 for each offense.

Hawaii Wheels: Legislation to ban certain wheels died when the legislature adjourned. The bill sought to prohibit any wheel, wheel cover, hubcap, lug nut cover and cap, or prong, or any ornamentation that extends out past the wheel’s rim.

Kentucky Property Tax: SAN-supported legislation to put in place a more beneficial valuation procedure for older vehicles was signed into law by Governor Steve Beshear. Under the new law, for purposes of the property tax, vehicles 20 years old or older would no longer be presumed to be in “original factory” or “classic” condition. Original factory and classic vehicles are currently assessed as high-value collectibles.

Maryland Single Plate: Compromise legislation to allow the issuance of only a single license plate to historic vehicles and street rods was signed into law by Governor Larry Hogan. Under the new law, historic vehicles and street rods that are 50 years old and older would be eligible to run a single plate.

Maryland Historic Vehicles: SAN-opposed legislation to increase the age requirement for vehicles eligible for registration as “historic motor vehicles” died when the legislature adjourned for the year. Under the bill, the age requirement would have been raised from 20 to at least 30 years old, making it more difficult to register legitimate historic vehicles and denying certain benefits, including the special historic license plate, reduced registration fees and exemptions from equipment and emissions inspection requirements.

Minnesota Miles Traveled Tax: Legislation to mandate payment of a “recoupment” surcharge of up to $95 died when the legislature adjourned for the year. Separate legislation to require the state to take steps to implement a vehicle mileage user fee to tax drivers on actual miles driven also died.

Missouri Miles Traveled Tax: An effort to require the state to charge and collect a miles driven fee of up to $200 for a one-year vehicle registration and up to $400 for a two-year vehicle registration died when the legislature adjourned for the year. Under the bill, this fee would have been charged in addition to all other registration fees and the gas tax.

Missouri Emissions Inspection: The EPA has approved an amendment to change the state’s emissions inspections program to exempt specially constructed vehicles or kit cars. The state requires biennial emissions checks on vehicles model-year ’96 and newer that are registered in the St. Louis area.

Nevada Classic Cars: Citing the opposition of SAN, Nevada Governor Brian Sandoval vetoed legislation that would have altered the requirements for vehicles eligible for registration as classic vehicles, old timers, street rods and classic rods so that only vehicles manufactured prior to 1996 would be eligible. While claiming to be targeted at current “abusers” of specialty plates who registered their vehicles under these designations to avoid emissions testing and fees, the bill instead targeted owners of 1996 and newer cars that are not even currently eligible for classic status.

New Hampshire Antique Trucks: A SAN-supported bill to include trucks more than 25 years old in the definition of eligible “antique motor vehicles” was signed into law by Governor Maggie Hassan. The measure provides the option for older trucks to take advantage of the many accommodations available to antique cars. Antique motor vehicles pay a minimal registration fee, are only inspected every 2 years, can use year of manufacture license plates and are exempted from certain equipment requirements.

Oregon Miles Traveled Tax: Legislation to convert the state’s current voluntary vehicle miles traveled tax program to a mandatory program died when the legislature adjourned for the year. The mandatory program would have applied to all high-mileage vehicles that have a rating of 55 miles per gallon or better.

South Carolina Motor Vehicle Taxes: Legislation to raise the maximum an owner can be taxed on the sale, lease, or registration of a motor vehicle from $300 to $750 died when the legislature adjourned for the year.

Tennessee Headlights: Legislation to require headlights on motor vehicles to emit only a white light or light of a yellow or amber tint was not given committee consideration before the legislature adjourned for the year. The bill exempted white HID lamps and other lamps installed as original equipment on new vehicles. SAN is working with the bill sponsor to amend the bill to conform to the federal lighting standard, to which all headlamps are required to comply. Under that standard, it is possible to design a headlamp that emits a light that is perceived as having a blue tint but which nevertheless remains within the boundaries that define “white.”

Texas Vehicle Miles Traveled: Legislation to impose a vehicle miles traveled tax on motor vehicles that travel 5,000 or more miles a year died when the legislature adjourned for the year. The tax would have been calculated by charging 1 cent per mile driven during the inspection period minus the estimated fuel taxes paid by the vehicle’s owner. The actual tax would have been measured using an annual odometer inspection.

Vermont Titles: SAN-supported legislation to ease the burden on car owners by requiring the state, upon the owner’s request, to issue titles for vehicles not currently required to be titled was signed into law by Governor Peter Shumlin. Under the new law, these titles would only be available for vehicles 25 years old and older, while vehicles 15 years old and older would continue not to require titles. The new law will expand the out-of-state market for older Vermont motor vehicles and enhance their value to collectors.

Vermont Exhaust Systems: A bill to ban motor-vehicle exhaust systems that increase noise levels died when the legislature adjourned for the year. Under the measure, violators would not have passed the state’s required inspection and would have been subject to fines of up to $350.

Virginia Exhaust: Legislation to exempt certain antique motor vehicles from the requirement that they have exhaust systems of a type installed as standard factory equipment or comparable to that designed as factory equipment was signed into law by Governor Terry McAuliffe. The new SAN-supported law provides this exemption to antique vehicles manufactured prior to 1950 containing engines comparable to that designed as standard factory equipment, recognizing that factory replacement parts are not always readily available for vehicles manufactured prior to 1950.

Washington Equipment Standards: Responding to comments submitted by SAN to a proposed motor-vehicle equipment rule, the state opted to retain the current maximum bumper height for passenger vehicles. SAN had opposed efforts by the agency to lower the maximum bumper height requirement, contending that regulations more stringent than the current standard would not solve differing bumper heights among vehicles in the national fleet. SAN also opposed a change that would have removed the 6-in. minimum height requirement for windshields and replace it with a vague, subjective standard that relied on the interpretation of the individual inspector, rendering the vehicle owner without clear direction as to lawful modifications.

Wyoming Single Plate: Wyoming Governor Matt Mead signed into law a SAN-drafted bill to provide for the issuance of a single license plate for motor vehicles that were “originally manufactured without an installed bracket, device or other means to display and secure a front license plate.” The new law also allows antique vehicles to display a single plate and permits all custom vehicles, not just those manufactured prior to 1968, to display a single plate. The new law took effect on July 1, 2015.

Collector Car Appreciation Day: At SAN’s request, U.S. Senators Richard Burr (R-NC) and Jon Tester (D-MT) co-sponsored Senate Resolution 196 designating July 10, 2015, as Collector Car Appreciation Day. It marked the sixth commemoration in what has become an annual event to raise awareness of the vital role automotive restoration and collection plays in American society. Thousands of Americans gather at car cruises, parades and other events to celebrate our nation’s automotive heritage. Next year’s event is scheduled for July 8, 2016.

A number of states, cities and foreign jurisdictions recognized Collector Car Appreciation Day 2015. They include:

West Virginia: West Virginia Governor Earl Ray Tomblin issued a proclamation designating July 10, 2015, as Collector Car Appreciation Day in the state.

Canada: The provinces of British Columbia and Manitoba again issued a proclamation designating July 11, 2015, as Collector Car Appreciation Day. British Columbia also proclaimed the month of July 2015 to be Collector Car Appreciation Month. The provinces of New Brunswick, Newfoundland and Labrador, Nova Scotia, Prince Edward Island and Saskatchewan each issued a proclamation designating July 2015 as Automotive Heritage Month.

FEDERAL UPDATE

Limited Production Turn-Key Replica Cars: At SAN’s request, bipartisan legislation was introduced that would enable consumers to legally purchase turn-key replica vehicles. Replica vehicles resemble classic cars produced at least 25 years ago. Under the bill, enthusiasts would also still have the ability to home-build kit cars and specially constructed vehicles.

Bonneville Salt Flats: SAN is working closely with the government and others to pursue short and long term solutions for restoring the Bonneville Salt Flats. Deteriorating conditions and wet weather at the forced cancellation at most of this year’s racing events, including Speed Week. The salt flats have significantly decreased in size, strength and thickness over a number of decades as salt brine has been channeled away from the area.

E15 Ethanol: SAN is supporting legislation to cap the amount of ethanol blended into gasoline at 10% and eliminate the Renewable Fuel Standard’s corn-based ethanol requirement. SAN has joined with more than 50 other organizations to support passage of the legislation.

Utah Public Lands Initiative: SAN is working with off-road groups, local communities, environmentalists, energy interests and a variety of other groups on the Utah Public Lands Initiative, which covers the state’s eastern counties (San Juan, Daggett, Uintah, Carbon, Duchesne, Emery, Grand and Summit). These eight counties have put forward individual plans to finalize federal land designations, which include permanent protections for motorized recreation.

Endangered Species Act: The U.S. Department of Interior decided that public/private conservation efforts have successfully eliminated the need to list the greater sage grouse as endangered. The announcement was a victory for the off-road community since a listing would have led to road and trail closures on the bird’s 165 million acre habitat across 11 western states.